Court of Criminal Appeals of Tennessee, Knoxville
Session: May 29, 2019
from the Circuit Court for Cocke County No. 6500 James L.
Defendant, Charles E. Mason, Jr., pled guilty to four counts
of aggravated assault and one count of aggravated stalking
charged in three separate indictments and received an
aggregate sentence of twenty years to be served on probation.
The trial court found the Defendant in violation of his
probation for three convictions of aggravated assault and for
aggravated stalking and ordered him to serve these sentences
in confinement. The Defendant appeals, asserting that the
trial court erred in revoking his probation and that the
trial court erred by not including graduated sanctions under
Tennessee Code Annotated section 40-28-304 when it reinstated
his probation approximately six months prior to the instant
violation. We conclude that the trial court did not abuse its
discretion in revoking the Defendant's probation and that
the issue regarding graduated sanctions has been waived. We
affirm the trial court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Randall E. Reagan (on appeal) and Troy L. Bowlin, II (at
hearing), Knoxville, Tennessee, for the appellant, Charles E.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Jimmy B.
Dunn, District Attorney General; and William Brownlow Marsh
and Charles L. Murphy, Assistant District Attorneys General,
for the appellee, State of Tennessee.
Everett Williams, P.J., delivered the opinion of the court,
in which Robert W. Wedemeyer and Robert L. Holloway, Jr.,
EVERETT WILLIAMS, PRESIDING JUDGE.
AND PROCEDURAL HISTORY
procedural history of this case is somewhat convoluted, and
we rely on the record on appeal and on two prior appeals
before this court in summarizing the facts related to the
issues before us. See State v. Charles Edward Mason,
Jr., No. E2017-01050-CCA-R3-CD (Tenn. Crim. App. Dec.
14, 2017) (order granting motion for voluntary dismissal of
probation revocation appeal); State v. Charles Edward
Mason, Jr., No. E2015-01936-CCA-R8-CO (Tenn. Crim. App.
Jan. 6, 2016) (order affirming denial of bond); see also
State v. Lawson, 291 S.W.3d 864, 869 (Tenn. 2009) (a
court may take judicial notice of an earlier proceeding in
the same case); Tenn. R. Evid. 201(b), (c).
29, 2015, the Defendant was indicted in case number 6500 for
three counts of attempted first degree murder, three counts
of aggravated assault, and one count of reckless endangerment
committed against three victims on or about March 22, 2015.
The factual basis for these charges was that the three
victims drove a vehicle onto the Defendant's property and
the Defendant fired shots, wounding two of the victims. The
Defendant was released on bond.
September 9, 2015, the Defendant was arrested for new
offenses arising out of the Defendant's belief that Mr.
Pat Proffitt or his son, Mr. Jessie Proffitt, had injured the
Defendant's dog by pouring bleach or gasoline in the
dog's ears. The Defendant began a campaign of telephone
harassment against sixty-six-year-old Mr. Pat Proffitt,
repeatedly threatening to kill him, his wife, and other
members of his family. Mr. Pat Proffitt's son Mr.
Benjamin Proffitt attempted to intervene and agreed to meet
the Defendant at the Defendant's home to end the conflict
with a physical fight. When Mr. Benjamin Proffitt arrived at
the end of the driveway, the Defendant fired a gun at him
from approximately 130 yards away. The Defendant was
ultimately charged with aggravated assault against Mr.
Benjamin Proffitt in case number 6893 and with harassment and
aggravated stalking of Mr. Pat Proffitt in case number 6894.
While in custody awaiting further proceedings, the Defendant
was beaten by fellow inmates and suffered severe injuries,
including subdural hematoma. See State v. Charles Edward
Mason, Jr., No. E2015-01936-CCA-R8-CO (order).
hearing to revoke the Defendant's bond held on September
24, 2015, the State presented testimony that the Defendant
was attempting to purchase weapons while making threats
against the lives of individuals at the prosecutor's
office, and the State introduced an audio recording of the
Defendant threatening the victim-witness coordinator, the
District Attorney General, and the Assistant District
Attorney General over the telephone. See id.
Defendant entered guilty pleas on February 26, 2016, to three
counts of aggravated assault in case number 6500, one count
of aggravated assault in case number 6893, and one count of
aggravated stalking in case number 6894. The remaining counts
charging attempted first degree murder, reckless
endangerment, and harassment were dismissed. The Defendant
agreed to plead guilty as a Range II offender, with an agreed
sentence of ten years for each aggravated assault conviction
and two years for the aggravated stalking conviction. The
sentences stemming from the three aggravated assaults in case
6500 were to run concurrently with one another, and the
sentences stemming from the offenses committed while on bond
were to run concurrently with one another, for an effective
sentence of twenty years, with credit for time served and the
remainder to be served on supervised probation.
November 7, 2016, a warrant was issued against the Defendant
for violation of his probation after a search conducted at
his residence revealed ammunition, an improperly charged
ankle monitor, an absent transdermal patch, and drugs,
including methamphetamine. On April 21, 2017, the trial court
revoked the Defendant's probation and ordered him to
serve his sentence in confinement. This order was the subject
of an appeal which was subsequently voluntarily dismissed.
to defense counsel's argument at the 2018 revocation
hearing, the Defendant subsequently sought relief in the
trial court based on the allegation that the evidence used to
support the revocation should have been suppressed. On
January 18, 2018, the trial court entered an order granting a
writ of error coram nobis and ordering the Defendant's
immediate release to supervised probation. The order provided
that it would "replace any previous Orders regarding
[the Defendant's] conditions of probation as well as
previous judgments regarding a Violation of Probation warrant
issued and executed on November ...